Two Brothers In Union Go On Trial

State alleges election fraud, funds misused

November 22, 2006|By Vanessa Blum Staff Writer

The president of a national labor union based in Dania Beach twice rigged union elections to ensure his victory and then used members' money as his personal piggy bank, a federal prosecutor told jurors Tuesday.

The accusation opened the Fort Lauderdale racketeering trial of Michael McKay, 59, president of the American Maritime Officers union, and his brother Robert McKay, 56, the union's treasurer-secretary.

The men are charged with a long list of crimes, including theft, fraud, and a conspiracy to cover up illegal campaign contributions from the union. If convicted, each could be sentenced to more than 30 years.

Miami attorney Neal Sonnett, who represents Michael McKay, called the allegations "an insult to a great union."

"When all is said and done, you will find there is no criminal case here against Michael McKay," he said.

Robert McKay's lawyer, Fred Haddad, chose not to make an opening statement. The trial before U.S. District Judge James Cohn is expected to last about six weeks.

Prosecutor Robert Lehner said Michael McKay used funds intended for the retirement, medical, training, and vacation benefits of union members to purchase cigars and hockey tickets and to pay for repairs to his personal boat.

The brothers routinely padded their expense accounts and permitted friends and relatives to live rent-free in housing, Lehner said.

He described several methods allegedly used by the McKays to evade rules barring unions from making political contributions, except through political action committees.

During the trial, jurors will hear taped conversations secretly recorded by David Merriken, a former union official.

Merriken agreed to work undercover for the government when he realized he had become involved in corruption, Lehner said.

In addition to Merriken, several former union officials who pleaded guilty to crimes are expected to take the stand.

Chartered in 1948, the union represents licensed officers on U.S. ships. The McKays' father served as president for 36 years.

After his father's death in 1993, Michael McKay, the union's treasurer-secretary, was elevated to president. He was reelected in 1996 and 2001.

Lehner said McKay and others tampered with the 1993 and 1996 elections by secretly replacing ballots for McKay's opponent with duplicate ballots marked for McKay. The brothers are running for reelection.

Vanessa Blum can be reached at vbblum@sun-sentinel.com or 954-356-4605.